ELK FISH ROBOTICS

CUSTOMER TERMS: RETURNS, WARRANTIES, REPAIRS AND RENTALS

Last updated: November 2026

1. ABOUT THESE TERMS

1.1 These terms are issued by Elk Fish Robotics Pty Ltd (ACN 603 476 017, ABN 75 603 476 017) of Unit 1, Ground Floor, 72 Marine Terrace, Fremantle WA 6160 ("Elk Fish", "we", "us"). Phone (08) 6110 7423. Email fremantle@elkfishrobotics.com.au.

1.2 These terms apply to products and services we supply in store, through store.elkfishrobotics.com.au, by quotation or invoice, and by phone or email, including sales, repairs, servicing, maintenance and equipment rental.

1.3 Some parts of these terms describe your legal rights under the Australian Consumer Law. Other parts describe our own policies, which we offer in addition to your legal rights. Each part is labelled so you can tell the difference. Nothing in our own policies reduces your legal rights.

1.4 If you are buying for a business, Part 9 (Business and commercial customers) also applies. A signed quotation, rental agreement, repair authorisation or commercial supply agreement for a particular transaction applies in addition to these terms. If there is a conflict, the document specific to the transaction prevails, except that nothing in any document excludes, restricts or modifies rights you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

1.5 In these terms, "Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied in Western Australia by the Fair Trading Act 2010 (WA).

2. YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW (LEGAL RIGHTS)

2.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

2.2 These rights are not limited to a set number of days after purchase. How long they last depends on what is reasonable for the type of product, its price, how it has been used and what we or the manufacturer have said about it.

2.3 If you have a problem with a product or service, please contact us first. You do not need to deal with DJI or any other manufacturer to exercise your rights against us, and you do not need to have bought an extended warranty or DJI Care plan.

2.4 You will generally not be entitled to a remedy under the consumer guarantees where the problem was caused by:

(a) misuse, abnormal use, a crash, a collision, flying in conditions or in a manner outside the manufacturer's specifications or operating instructions, or failure to take reasonable care;

(b) water or liquid entry, unless the product is expressly rated for the exposure that occurred;

(d) a defect we specifically drew to your attention before you bought the product, or that an examination you made before buying ought reasonably to have revealed; or

(e) normal wear and tear, including consumable parts such as propellers and the gradual loss of battery capacity over time.

Where we decline a claim for one of these reasons, we will tell you why in writing and, on request, provide the assessment report and any manufacturer findings we rely on.

3. HOW TO MAKE A CLAIM FOR A FAULTY PRODUCT (LEGAL RIGHTS PROCESS)

3.1 Contact us in store, by phone or by email with your proof of purchase (a receipt, invoice, order number or bank statement is sufficient) and a description of the problem. You do not need the original packaging. Where available, please provide the aircraft's flight logs and any error messages, as these help us diagnose the fault quickly.

3.2 We may need to inspect and test the product, and in some cases send it to the manufacturer for assessment, to work out whether there is a failure, what caused it and whether it is a major failure. We will tell you the expected timeframe and keep you informed. Manufacturer assessment is part of how we investigate a claim. It is not a condition of your rights against us, and we remain responsible for providing the remedy you are entitled to.

3.3 Major failure. If the failure is a major failure, you may choose a refund or a replacement of the same type and similar value (if reasonably available). You may instead keep the product and claim compensation for its drop in value.

3.4 Failure that is not major. We may choose to repair the product, replace it, or refund you. If we do not do so within a reasonable time, you may have the failure fixed elsewhere and recover the reasonable cost from us, or reject the product and obtain a refund.

3.5 Costs. If the product has a failure covered by the consumer guarantees, we will not charge you for the assessment or the remedy. If returning the product to us involves significant cost to you (for example, freight of a large agricultural aircraft or a docking station), we will collect it or pay the reasonable cost of return. Please contact us before sending large items or batteries so we can arrange safe and compliant transport.

3.6 No failure found or failure not covered. If our assessment finds no fault, or finds that the problem was caused by one of the matters in clause 2.4, we will tell you before doing any work. We do not charge for that assessment. You may then authorise a paid repair under Part 6 or collect the product.

3.7 Refunds. Refunds are made to the original payment method unless we agree otherwise. Products bought on sale or at a discount have the same legal rights as full-price products.

4. CHANGE-OF-MIND RETURNS (OUR OWN POLICY)

4.1 You are not legally entitled to return a product because you have changed your mind. As a goodwill policy, we will accept change-of-mind returns on the conditions below. This policy is separate from, and does not affect, your rights for faulty products in Parts 2 and 3.

4.2 To be eligible, the product must be:

(a) returned within 1-2 days of purchase or delivery;

(b) unopened, in its original sealed and undamaged packaging, with all accessories, manuals and free gifts; and

4.3 Change-of-mind returns are not available for: special-order or custom-procured items (see Part 9); DJI Care, DJI Care Refresh, DJI Care Enterprise and other service or protection plans once activated; software licences, subscriptions and activation codes; ex-rental and ex-demonstration equipment sold as such; clearance items identified at the time of sale as final sale; batteries that have been shipped or used; and hazardous goods we cannot lawfully reship.

4.4 For change-of-mind returns, you pay the cost of returning the product to us. Once we have received and inspected the returned product, we will promptly refund the purchase price to the original payment method.

4.5 Online purchases: please email us before sending a product back so we can give you a return number and confirm the return address. Lithium batteries must be shipped in accordance with dangerous goods rules.

5. MANUFACTURER WARRANTIES AND DJI CARE (SEPARATE FROM YOUR LEGAL RIGHTS)

5.1 Most products we sell also come with a manufacturer's warranty from DJI or another manufacturer. A manufacturer's warranty is a promise made by the manufacturer, on its own terms, in addition to your rights under the Australian Consumer Law. Current DJI warranty terms are published at www.dji.com/support. DJI Care, DJI Care Refresh and DJI Care Enterprise plans are service plans offered by DJI on DJI's terms.

5.2 You may make a manufacturer's warranty or DJI Care claim directly with DJI, or we can help you lodge and manage it. When we lodge a claim on your behalf, we act as a facilitator, and the decision under the manufacturer's warranty or plan is made by the manufacturer.

5.3 If DJI declines a manufacturer's warranty claim, that does not decide your rights under the Australian Consumer Law against us. You may still ask us to assess the claim under Parts 2 and 3.

5.4 Where a claim we lodge on your behalf is accepted by DJI, we will cover the shipping costs of sending the product to DJI and returning it to you within Australia. Where a DJI Care Refresh replacement attracts a service fee charged by DJI, that fee is payable by you as set out in DJI's plan terms.

5.5 Please contact us early if a problem arises. Attempting repairs, firmware workarounds or modifications based on online forums may cause further damage and may affect the manufacturer's warranty.

6. PAID REPAIRS AND SERVICING

Repair notice

6.1 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

6.2 The repair of your goods may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods.

Booking in

6.3 When you book in equipment, we will record the items received, their visible condition, and the serial numbers of the aircraft and remote controller, and send you a booking confirmation. Please check it and tell us promptly if anything is wrong. Please book in only the aircraft and remote controller unless other items need attention.

6.4 You confirm that you own the equipment or are authorised by the owner to arrange the repair.

Assessment and quotation

6.5 We do not charge an assessment or quotation fee. After assessment, we will email you a written quotation. Quotations are based on the faults identified at the time and on current parts prices.

6.6 No work without approval. We will not start chargeable work until you approve the quotation in writing (email or text is sufficient). If we find further faults during the repair, we will stop and ask you before doing any additional chargeable work. You are not liable for work you did not approve.

6.7 Water-damaged and crash-damaged equipment may have hidden damage that cannot be found until the equipment is dismantled or repaired. For this equipment our quotation may be given in stages, and we will tell you before each further stage. We cannot guarantee that every water-damaged item can be repaired. If your equipment has been exposed to water, do not turn it on or connect a battery, and remove and isolate the battery if it is safe to do so.

Turnaround

6.8 Any turnaround time we give is an estimate based on parts availability and our workload. Repairs depend on parts supplied by DJI and other manufacturers, and some parts are only available as larger assemblies. We will tell you promptly if a part is delayed and give you an updated estimate. If you have a deadline, please tell us when you book in.

Parts

6.9 We use genuine manufacturer parts where available. We will tell you in the quotation if we propose to use compatible third-party parts or refurbished parts.

6.10 Customer-supplied parts. We may agree to fit parts you supply. We generally only accept authentic manufacturer parts. Our repair guarantee in clause 6.13 does not cover a defect in a part you supplied, or damage caused by that defect, but does cover the quality of our workmanship in fitting it.

Testing and test flights

6.11 After repair we usually calibrate the equipment, update firmware to the current manufacturer version, and carry out operational checks, which may include a test flight. Test flights are conducted by our appropriately licensed staff, in accordance with Civil Aviation Safety Authority (CASA) requirements, at a location and in conditions we consider safe. If you do not want firmware updated or a test flight performed, tell us when you book in. Firmware updates cannot always be reversed.

6.12 Test flights may record flight logs, photos or video to the equipment. We do not access, copy or use your stored photos, video or flight data except to the extent needed to diagnose, repair and test the equipment, or as required by law.

Our repair guarantee (our own warranty, in addition to your legal rights)

6.13 Where we repair or replace a part, we guarantee our workmanship and the parts we supplied for 6 months from the date you collect the equipment. If the same fault recurs within that period because of our workmanship or a part we supplied, we will repair it again at no cost to you.

6.14 Our repair guarantee does not cover: new damage from a crash, collision, water entry or misuse after collection; parts you supplied; faults unrelated to the repair we carried out; or repairs to water-damaged equipment where we told you in the quotation that the guarantee would not apply.

6.15 To claim under our repair guarantee, contact us at the details in clause 1.1 with your repair invoice and bring or send the equipment to us. If we confirm a guarantee claim, we will pay the reasonable cost of return freight within Australia.

6.16 The benefits of our repair guarantee are in addition to other rights and remedies you have under a law in relation to the goods or services to which the guarantee relates. Clause 2.1 applies to our repair services.

Unsuccessful repairs and pre-existing damage

6.17 If we cannot repair the equipment, or the repair is not economical, we will tell you before doing chargeable work and you will not be charged for the attempted repair unless you agreed to a charge in advance.

6.18 We are not responsible for pre-existing faults or damage recorded at booking in or identified in our assessment, or for further failure of components that were already damaged by a crash or water entry and that you chose not to have replaced. This does not limit our responsibility for loss or damage caused by our own work or negligence.

Payment and collection

6.19 Payment is required in full before equipment is released. For goods ordered in specifically for you, full payment for those goods in cleared funds is required before we place the order with our supplier. Any alternative payment terms, including supply against an approved purchase order, must be agreed by us in writing in advance.

We accept payment in store, by phone or via an online payment link. A person you nominate in advance may collect on your behalf if they present photo identification and a copy of your invoice. We can arrange freight at your cost.

6.20 Uncollected equipment. We will notify you when your equipment is ready or when you decline a quotation. If equipment remains uncollected, we may sell or dispose of it only in accordance with the Disposal of Uncollected Goods Act 1970 (WA), and will apply any proceeds as that Act allows.

6.21 Batteries left with us that are swollen, damaged or water-affected may be dangerous. We may isolate and lawfully dispose of them, after telling you, if they cannot be safely stored.

7. EQUIPMENT RENTAL TERMS

Each rental is also documented in a Rental Agreement that records the equipment, serial numbers, rental period, fees, deposit, replacement value and condition. These terms form part of every Rental Agreement.

Booking and eligibility

7.1 Before a rental starts, the renter must give us: proof of identity; for business renters, the business name and ABN; and, where the equipment's use requires it, evidence that the person who will operate it holds the licences, accreditations, registrations and approvals required by CASA and any other authority for the intended use, including (as applicable) a remote pilot licence, a remote operator's certificate and operator accreditation. We may refuse a rental, including where we are not satisfied the intended use is lawful and safe.

7.2 The renter is responsible for operating the equipment lawfully. This includes complying with the Civil Aviation Safety Regulations 1998, CASA's standard operating conditions, airspace and privacy laws, landowner permissions, and any chemical application and environmental laws that apply to spraying or spreading equipment. For spray drones used in Western Australia, this includes holding the training or accreditation required by the Biosecurity and Agriculture Management (Aerial Application) Regulations 2018 (WA) and keeping the application records those regulations require.

Rental period and fees

7.3 The rental period starts when the equipment is collected by, or delivered to, the renter, and ends when it is returned to us and checked in. The rental fee, deposit, any delivery fee and any cancellation fee are set out in the Rental Agreement. Payment of the rental fee is due before the equipment is released, unless we have agreed account terms in writing.

7.4 Unless the Rental Agreement says otherwise, the rental day ends at our closing time on the agreed return date.

7.5 Late return. If the renter needs to extend, they must contact us at least 24 hours before the return date, and we will confirm in writing whether an extension is available. If equipment is returned late without an agreed extension, we may charge the daily rental rate in the Rental Agreement for each additional day or part day.

Deposit

7.6 We may require a security deposit, including for first-time renters. The amount is stated in the Rental Agreement. We will return the deposit promptly after the equipment is returned and checked in, less only amounts the renter owes under these terms. We will give the renter an itemised statement of any deduction with supporting evidence (for example photos, a repair quote or invoice).

Condition

7.7 We will record the condition of the equipment, its serial numbers, firmware version and battery cycle counts at the start of the rental, with photographs. The renter should check the equipment at collection and tell us of any discrepancy before leaving, or within 24 hours of delivery. We will check the equipment in on return and give the renter an opportunity to attend or to receive the check-in record.

7.8 The renter must perform a pre-flight check before each flight and must not fly equipment that appears faulty.

Care and prohibited uses

7.9 The renter must not, without our written consent: modify, disassemble, open or repair the equipment; install unapproved software or firmware or disable safety features; sub-hire or lend it to anyone; use it outside Australia; use it for any unlawful purpose; or use it for any purpose other than the purpose disclosed in the Rental Agreement. Spraying or spreading equipment must only be used with products and at rates permitted by law and the product label, and must be cleaned and decontaminated before return as set out in the Rental Agreement.

7.10 The renter must store and transport the equipment securely and must store and charge lithium batteries in accordance with the manufacturer's instructions.

Breakdowns

7.11 If the equipment stops working properly, the renter must stop using it and contact us as soon as possible. If a breakdown is not caused by the renter's misuse, crash, water entry or breach of these terms, we will, at our option, repair or replace the equipment as soon as reasonably practicable or refund or credit the rental fee for the period the equipment could not be used. The renter's rights under the Australian Consumer Law are not limited by this clause.

Loss, theft and damage

7.12 The renter is responsible for the equipment from the start to the end of the rental period. If equipment is lost, stolen or damaged during the rental period, the renter must tell us within 24 hours, report any theft to police and give us the report number.

7.13 The renter must pay: (a) for damage, the reasonable cost of repair (as assessed by our technicians or the manufacturer) plus the rental rate for the period reasonably needed to complete the repair; or (b) for loss, theft or damage beyond economic repair, the replacement value stated in the Rental Agreement, less any amount we recover from insurance or a third party.

7.14 The renter is not responsible under clause 7.13 for fair wear and tear, or to the extent loss or damage is caused by a defect in the equipment, our breach of these terms, or our negligence.

Insurance

7.15 The renter must hold, for the rental period, public liability insurance that covers the operation of the equipment, and insurance covering loss of or damage to hired-in equipment for its replacement value, and must give us a certificate of currency before collection if we ask.

Liability and indemnity

7.16 The renter indemnifies us against loss, damage, liability, claims and reasonable costs (including legal costs) arising from: (a) the renter's operation of the equipment, including injury to people and damage to property of third parties; (b) the renter's breach of these terms; or (c) the renter's breach of any law, including aviation, privacy, chemical application and environmental laws, and any fine or penalty imposed as a result. The renter's liability under this clause is reduced proportionally to the extent the loss was caused by a defect in the equipment, our breach of these terms, or our negligence.

Cancellation and early return

7.17 Any cancellation fee for a confirmed booking is set out in the Rental Agreement. If we must cancel, we will refund all amounts paid. Early return does not entitle the renter to a refund of the unused rental period unless we agree.

Default and recovery

7.18 If the renter materially breaches these terms (for example, unlawful or unsafe use, failure to pay, or failure to return the equipment on time) and, where the breach can be remedied, does not remedy it within the reasonable time stated in our written notice, we may end the rental by written notice. The renter must then return the equipment immediately. If the renter does not, the renter authorises us to enter premises the renter controls, at reasonable times and on reasonable notice, to recover it. If the breach creates an immediate safety risk, we may end the rental without a remedy period.

7.19 We remain the owner of rental equipment at all times. If a rental (including extensions and renewals) is for, or may continue for, more than 2 years, the security interest provisions in clause 9.10 apply.

7.20 Where equipment we rent must be registered with CASA, we will keep that registration current for the rental period. Where the renter will operate equipment in the excluded category, the renter must tell us before the rental so any notice CASA requires of us as the registration holder can be given.

8. DELIVERY AND RISK

8.1 We ship within Australia and internationally by Australia Post or another carrier we choose. Delivery times given are estimates. Lithium batteries are dangerous goods: larger batteries, including most enterprise and agricultural flight batteries, cannot be sent by Australia Post and are shipped by a dangerous goods carrier at the cost shown at checkout or on the quotation. Some products cannot be shipped to some destinations.

8.2 For consumer orders, products are at our risk until they are delivered to the address you gave. If a product arrives damaged or does not arrive, please contact us promptly and we will deal with it under Parts 2 and 3.

8.3 Please inspect deliveries on arrival and keep the packaging until you are satisfied the product is complete and undamaged.

9. BUSINESS AND COMMERCIAL CUSTOMERS

9.1 When this part applies. This part applies when you buy or hire for business purposes, including for mining, agriculture, surveying, construction, inspection and public sector use. If you are a "consumer" under the Australian Consumer Law, the consumer guarantees apply to you even though you are buying for a business. A business buyer is generally a consumer where the price is $100,000 or less, or where the goods are of a kind ordinarily acquired for personal, domestic or household use, unless the goods are bought for resupply or to be used up or transformed in production. Many enterprise drone and payload purchases fall within that definition.

9.2 Quotations. Quotations are valid for the period stated on the quotation and are subject to stock availability and to changes in manufacturer pricing and exchange rates before the order is accepted. An order is accepted when we confirm it in writing or issue an invoice.

9.3 Special orders and procured items. Items we order specifically for you, including Agras, Matrice, Dock and other enterprise systems and accessories not held in stock, are special orders. For special orders:

(a) we may require a deposit, which we will state on the quotation;

(b) change-of-mind cancellation after we have placed the order with our supplier is not available, but if you cancel we will retain only our reasonable costs and losses resulting from the cancellation (including any supplier cancellation or restocking charges and freight), up to the amount of the deposit, and refund any balance; and

(c) the deposit is refundable in full if supply is significantly delayed beyond the estimated delivery date and you choose to cancel, or if the product has a failure covered by Parts 2 and 3.

9.4 Supply delays. Lead times depend on manufacturers and freight carriers. We will keep you informed. We are not liable for delay caused by events outside our reasonable control, including manufacturer allocation, export controls, regulatory changes, customs and freight disruption, but you may cancel and receive a refund of amounts paid if supply is significantly delayed beyond the estimated date.

9.5 Payment. Unless we have agreed account terms in writing, payment in full is due before dispatch or collection. On approved account terms, invoices are payable by the due date shown on the invoice. If a payment is disputed, you must pay the undisputed portion by the due date and tell us in writing of the disputed amount and reasons.

9.6 Delivery and risk. For business customers, risk in goods passes when they are delivered to you or your nominated carrier, or collected by you.

9.7 Installation, commissioning and training. Installation, commissioning, site surveys, network or software integration and training (including for DJI Dock systems) are only included where expressly stated in the quotation. You are responsible for site access, power, network connectivity, site safety induction and any approvals needed at the installation site, unless the quotation says otherwise. Dock operations beyond visual line of sight require CASA approvals that are your responsibility unless we have agreed in writing to obtain them for you.

9.8 Acceptance. Where commissioning is included, you must test the equipment within the period stated in the quotation after we notify you it is commissioned, and tell us of any defect.

9.9 Ownership (retention of title). Ownership of goods does not pass to you until we have received payment in full for those goods and all other amounts you owe us. Until then, you hold the goods as bailee for us, must keep them insured and identifiable, and must not sell, encumber or part with them except in the ordinary course of your business with our written consent.

9.10 Security interest. You acknowledge that clause 9.9, and any rental that is a PPS lease, creates a security interest in our favour under the Personal Property Securities Act 2009 (Cth), which we may register. You must sign documents and provide information we reasonably require to perfect it. To the extent the law permits, and where the goods are not held as consumer property, you waive your right to receive any verification statement and any notice under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135, and the parties contract out of sections 96, 125, 142 and 143 of that Act.

9.11 Limitation for business customers. Where the Australian Consumer Law permits us to limit our liability for goods or services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, at our option, to: for goods, replacing or repairing them, supplying equivalent goods, or paying the cost of doing so; and for services, supplying them again or paying the cost of having them supplied again. This clause does not apply where it would not be fair or reasonable for us to rely on it.

9.12 Operational losses. To the extent the law permits (including through the limitation in clause 9.11), and subject to clause 10.3, we are not liable to a business customer for loss of revenue, loss of profit, loss of contracts, crop loss, downtime or delay in your operations, or the cost of substitute equipment or contractors, arising from any failure, delay or malfunction of goods or services we supply. Business customers should hold insurance and maintain contingency arrangements appropriate to their operations.

10. LIMITATION OF LIABILITY (ALL CUSTOMERS)

10.1 Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

10.2 Subject to clause 10.1, we are not liable for loss or damage to the extent it is caused by: operation of a drone or other equipment in breach of the Civil Aviation Safety Regulations 1998 or other law, or contrary to the manufacturer's operating instructions; a crash or water entry not caused by a failure of goods or services we supplied; modifications or repairs by others; or loss of stored data to the extent it results from your not backing up data after we gave you the notice in clause 6.2.

10.3 We do not exclude liability for death or personal injury caused by our negligence, or for our fraud.

11. PERSONAL INFORMATION AND EQUIPMENT DATA

11.1 We handle personal information in accordance with our Privacy Policy, available on our website.

11.2 Drones, controllers and docks may store photos, video, flight logs, location history and account details. Before handing equipment to us for repair, servicing or return, please back up and, where appropriate, remove data you do not want us to see. We only access stored data to the extent needed to diagnose, repair, test or assess the equipment or a claim, or as required by law. Flight logs may be shared with the manufacturer for warranty or DJI Care assessment.

12. COMPLAINTS

12.1 If you are not satisfied, please contact us at the details in clause 1.1, marked "Complaint". We will acknowledge your complaint and respond as soon as we can.

12.2 If we cannot resolve a consumer complaint, you may contact Consumer Protection, part of the WA Department of Local Government, Industry Regulation and Safety (consumerprotection.wa.gov.au), or your state or territory consumer affairs agency. Business customers may also contact the Small Business Development Corporation (WA).

13. GENERAL

13.1 We may update these terms from time to time. The version that applies to a transaction is the version published when the order, booking or rental was accepted. Changes do not apply to transactions already accepted unless you agree.

13.2 These terms are governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia.

13.3 If any provision of these terms is invalid or unenforceable, it is to be read down to the extent necessary, or severed, and the remaining provisions continue in effect.